Question juridique clé
Whether the refusal to transfer part of harbor concession no. 4 to the owners of parcel no. 5 was arbitrary or violated equality/proportionality.
Solution extraite
No. The canton may limit such concessions to owners of lakeside parcels, and parcel no. 5 is not directly riverfront.
Motifs extraits
The practice of granting concessions only to riparian owners is objective, clear, and justified by the public interest in limiting constructions on the lake shore. The appellants’ parcel is separated from the lake by another parcel; servitudes do not change that fact. Different treatment is therefore not unequal and the refusal is not arbitrary.